What’s Wrong with Financial Incentives Anyway?

The history of qui tam actions has been shaped largely by fears of the “parasitic” relator.  People are endlessly concerned that whistleblowers will somehow take advantage of the government and obtain a financial reward that the whistleblower doesn’t deserve. After … Continue reading

The Newest Qui Tam Program – Commodity Futures Trading Commission

Yesterday, I had a chance to visit with folks at the Commodity Futures Trading Commission, and I realized that the CFTC’s new whistleblower program is probably the one that gets the least attention. The CFTC whistleblower program and that of … Continue reading

Forget the Perry Mason Fantasies: It Just Doesn’t Work That Way

Whistleblowers often have fantasies about a dramatic courtroom exchange with the defendant.   I have to break the news that things are not going to happen the way they visualize.  There isn’t going to be any sort of Perry Mason moment.  … Continue reading

Focus on Defendants’ Wrongdoing against Government & Shareholders, not Against You.

The biggest problem that I have when dealing with inquiries about whistleblower rewards is getting the whistleblower to focus on what the potential defendant did to defraud the government and/or the shareholders.  The whistleblower would rather talk about what the … Continue reading

New York’s FCA Provides Unique Incentives for Whistleblowers

In an attempt to capitalize on the success of the federal False Claims Act, many states have enacted their own version of a qui tam statute. Through the many state FCAs, a whistleblower with a meritorious claim can help state … Continue reading

The SEC Whistleblowers Award Program

On July 21, 2010, the “Dodd-Frank Wall Street Reform and Consumer Protection Act” established a whistleblower program that enables the SEC to pay an award, under regulations prescribed by the SEC and subject to certain limitations, to eligible whistleblowers who: … Continue reading